Supporting, Informing & Connecting People in Foreclosure
I recently filed a lawsuit against Wells, based on 2923.5. I had a emergency situation where my house was going to be foreclosed in less than a week. I was able to obtain, the TRO and the Injuction, however Judge Chang of Sacramento Superior Court asked that I post a bond for 10,000. dollars. I do not have that kind of money. I was wondering if others have had this issue? how did they get around it. Without paying the 10,000 my case would just stop. My attorney John Sargetis, decided to do Writ of Mandate, we just received the news today that it was denied. I think this is completly out of line. Wells did not even show up, they have not even contacted my attorney. We are appealing the decision. I managed to scrap the money together. But what if I couldn't I would be out of luck. The thing that gets me is the Governor Brown signed the homeowners bill of rights, and I believe their is something that states that a bond cannot be asked of the homeowner. Has anyone had this issue? kam
See Lona v. Citibank.
Remember to raise objection that you cannot determine the holder of the beneficiary interest without discovery, thanks to Calvo v. HSBC, and that you question the amount because not all fees were itemized on your statements from the servicer.
Look up Hanecak for a local attorney who gets it. You need to change atty IMMEDIATELY so first one can take the 'rap' for submitting a faulty pleading. I M M E D I A T E L Y